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Lessee's intended use; and
<br />(iii) Lessee shall neither be entitled to any reduction in rent, nor any extension of the terms of this Lease because of damage
<br />to or destruction of any Improvements on the Lease Premises.
<br />(iv) Lessee and Lessor agree that any Improvements on the Lease Premises constitute the personal property of Lessee and
<br />that fixture law does not apply.
<br />(4) In the event that the Lease Premises is partly, or in whole, comprised of tidal, submerged, or waterfront property, Lessee
<br />expressly accepts the hazards involved in using or improving such lands. Lessor is not responsible for, and Lessee shall not be
<br />reimbursed for nor receive any offset of rent for, any damages or reduced use of the Lease Premises caused by: local or invasive
<br />flora or fauna, flooding, erosion, sea level rise, storms, freezing, inclement weather of any kind, acts of god, maintenance or
<br />failure of protective structures, and any other such hazards.
<br />(d) Additions, Alterations, and Removal
<br />No Improvements other than those expressly authorized in this Lease shall be constructed by the Lessee on the Lease Premises
<br />without the prior written consent of Lessor. Any Additions or Alterations are expressly prohibited. Lessee is also prohibited from
<br />any Additions or Alterations which cause a material change to the environmental impact on or around the Lease Premises.
<br />(e) Enjoyment
<br />This Lease is non-exclusive, and is subject to the provisions of Section 3, Paragraph 6 below. Lessee shall have the right to
<br />exclude persons from the Lease Premises only when their presence or activity constitutes a material interference with Lessee's use
<br />and enjoyment of the Lease Premises.
<br />(f) Discrimination
<br />Lessee, in its use of the Lease Premises, shall not discriminate against any person or class of persons on any basis protected by
<br />federal, state, or local law, including: race, color, creed, religion, national origin, sex, sexual orientation, gender identity, age,
<br />marital/parental status, veteran status, or disability.
<br />(g) Residential Use
<br />Unless otherwise provided for in this Lease, no portion of the Lease Premises shall be used as a location for a Residence, for
<br />the purpose of mooring or maintaining a structure which is used as a Residence, or for Residential Uses.
<br />(h) Commercial Use
<br />Unless otherwise provided for in this Lease, the Lease Premises is to be used by Lessee and Lessee's invitees or guests only.
<br />Use of the Lease Premises for commercial purposes; conducting a business, whether for profit or otherwise; and any subleasing,
<br />rental, or any transaction whereby Lessee directly or indirectly receives compensation from a third party in exchange for use of
<br />the Lease Premises shall constitute an immediate Default of this lease with no cure period.
<br />6. RESERVATIONS, ENCUMBRANCES, AND RIGHTS -OF -WAY
<br />(a) Reservations
<br />(1) Lessor expressly reserves all natural resources in or on the Lease Premises, including but not limited to timber, minerals,
<br />and geothermal resources as defined Linder Public Resources Code sections 6401, 6407, and 6903, respectively; the right to
<br />grant and transfer the same; as well as the right to grant leases in and over the Lease Premises which may be necessary or
<br />convenient for the extraction of such natural resources. Such leasing shall be neither inconsistent nor incompatible with the
<br />rights or privileges of Lessee under this Lease.
<br />(2) Lessor expressly reserves a right to go on the Lease Premises and all Improvements for any purposes associated with this
<br />Lease or for carrying out any function required by law, or the rules, regulations, or management policies of the State Lands
<br />Commission. Lessor shall have a right of reasonable access to the Lease Premises across Lessee owned or occupied lands
<br />adjacent to the Lease Premises for any purpose associated with this Lease.
<br />(3) Lessor expressly reserves to the public an easement for convenient access across the Lease Premises to other State-owned
<br />lands located near or adjacent to the Lease Premises and a right of reasonable passage across and along any right-of-way granted
<br />by this Lease; however, such easement or right-of-way shall be neither inconsistent nor incompatible with the rights or privileges
<br />of Lessee under this Lease.
<br />Form51.16 (Rev. 10/14)
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